Volume 29 | Issue 2 PROTECTING THE RIGHTS AND INTERESTS … News Dec 2013 opt 05A.pdf · from our personal budgets. Consumers must remain vigilant when spending their hard-earned

1CONSUMER WATCH JUNE 2013

A ‘smart and a winning’ budget for consumers is how the Consumer Council of Fiji describes the 2014 nation-al budget announced on 8th November.

The Council applauds the Government, particularly for two key policy announcements made in the budget that will address crucial problems affecting consumers.

One is the establishment of a Consumer Complaints and Compensation Tribunal and the second is the set-ting up of a taskforce to monitor prices of duty-reduced items.

The Consumer Complaints and Compensation Tribunal aims to give consumers a simple, efficient and afford-able redress system.

The right for effective redress is one of the fundamental consumer rights. The Council is heartened by Govern-ment’s recognition of this and by its commitment to-wards setting up of the Consumer Tribunal.

The Council notes that the tribunal incorporates the “compensation” element, which currently requires con-sumers to go through civil court. When traders are fined or receive other penalties, there is nothing provided for consumers who have incurred losses and costs.

Presently, many aggrieved consumers just don’t have

the money to seek justice in the court because of the exorbitant legal fees and charges or long delays.

The Council has noted cases where consumers decide not to pursue their claim through the Court because the costs of legal proceedings are higher than the compensation amount. Faced with this situation, consumers give up although the same ille-gal behaviour of a trader harms a number of other consumers.

It is precisely this helplessness of consumers that drives unfair trading practices in the market-place. The biggest beneficiaries

of a complex and costly legal system are the traders and service providers engaged in unethical business practices.

With a Consumer Tribunal, the tribunal proceedings will be simple, non-intimidating and informal, thus creating an environment where consumers and traders/service providers will be able to represent themselves without any solicitors.

In 2010, the Council through financial assistance from the European Union commissioned a review of con-sumer protection laws and redress mechanisms in Fiji. Among other recommendations, this review proposed the idea of a Consumer Tribunal.

The Council has long argued that duty reductions of-ten do not translate into lower retail prices for consum-ers, therefore, the Government needed to put in place a strict price monitoring system particularly to keep a tab on the prices of the duty-reduced items. Prime Min-ister and the Minister responsible for consumer affairs, Hon. Aiyaz Sayed- Khaiyum had raised their concern at various forums expecting the businesses to do the right thing by reducing the price of duty-reduced items at the retail level.

Now with the price monitoring taskforce, consumers expect to pay lower prices on duty-reduced items.

CONSUMER COUNCIL OF FIJICONSUMER COUNCIL OF FIJI

Budget 2014 - The People’s Budget

Volume 29 | Issue 2 December 2013PROTECTING THE RIGHTS AND INTERESTS OF CONSUMERS

Continued on page 2

Dangers Of Shopping OnlinePg 3

Exclusionary Notices Removed After Council’s SurveillancePg 5

Beware of Mobile Repair Shops!Pg 6

No Overloaded Boats This Festive SeasonPg 7

Debt Management ServicePg 10

Council’s Complaint AnalysisPg 12

Misleading AdvertisementsPg 14

Street TalkPg 18

Education Facts For New School YearPg 20

……………………………..

Premila Kumar | Chief Executive Officer

We have come to the end of yet another year and I am delighted to say that the second half of 2013 has been progressive and en-hancing.

While it was business as usual for the Council – deal-ing with consumer-related complaints, playing an advi-sory role , being involved in workshops and internation-al conferences and pub-lic awareness work – one of the key milestones achieved in the last six months was the launching of the ‘Broadband Nutrition labelling’ campaign. Through this campaign we are asking the internet service providers (ISPs) to be transparent and provide disclosure statements when marketing or selling services to consumers.

The new campaign aims to assist consumers to make informed deci-sions when comparing services provided by internet service providers. It also targets policymakers, encouraging them to use it as the infor-mation standard for ISPs. Many consumers are in the dark about broad-band issues such as the speed, pricing, speed variations and reliability of the services offered and are vulnerable to slick exploitation by less scrupulous providers.

Another stepping stone for the Council was the co-hosting of a work-shop to train and build skills of mediators and referees not only at the Consumer Council of Fiji but also the Fiji Commerce Commission (FCC) and the Small Claims Tribunal. This workshop, “Creating a fair mar-ketplace for consumers through consumer information and redress mechanisms”, was funded by the European Union and organized in collaboration with the Judicial Department and FCC.

But the greatest accomplishment of the year was the Government’s commitment towards the setting up of a Consumer Complaints and Compensation Tribunal and a taskforce to monitor prices of the duty-reduced goods, as announced in the 2014 National Budget.

This was indeed, an early Christmas present for all Fijian consumers and the Council!

A consumer tribunal will help consumers access justice in a speedy, inexpensive and efficient manner while the price monitoring taskforce will ensure Government’s initiative to reduce duty on certain items is passed on to consumers in the form of lower retail prices.

The Council also welcomes various other initiatives announced in the Budget to assist consumers to cope with the rising cost of living.

The biggest win is Government’s determination to provide ‘free edu-cation’ for all children in both primary and secondary schools. This will considerably diminish the financial burden on the pockets of the par-ents and guardians, while investing heavily in the country’s future.

Various types of relief provided under the 2014 Budget will give con-sumers an opportunity to set aside some money for rainy days. In ad-dition, of course, we must all continue to practice prudent financial management; stick to comparative shopping; and avoid straying away from our personal budgets.

Consumers must remain vigilant when spending their hard-earned cash and this caution includes enjoying the festive season with care.

On behalf of the Council, I take the pleasure of wishing all consumers a Merry (if cautious) Christmas and a Happy (if prudent) New Year!

2CONSUMER WATCH DEC 2013

CEO’s Message

The Council also welcomes various other initiatives announced in the Budget to assist consumers to cope with the rising cost of living.

The biggest win for the nation and for all consumers is Government’s undertaking to provide ‘free education’ for all children in both pri-mary and secondary schools. With this, parents will no longer have to worry about education costs that they used to bear in the past. The bus fare scheme, which has received extra funding from the Govern-ment, will mean more students will also be able to benefit from this scheme.

Parents and students should take advantage of newly introduced ini-tiatives for tertiary education. In 2014, the Government will grant full scholarships for up to 600 top school leavers. However, those who miss out on this category can still get tuition assistance to realize their dreams. The Tertiary Education Loan Scheme (TELS) will provide low-interest loans to any Fijian student. It will cover the full cost of tuition for a student accepted at one of the tertiary institutions in Fiji. The student will be expected to repay this only after graduating and entering a job.

In our country, where families are struggling to upgrade their stand-ard of living, education has become crucial to them as it opens doors to progress. The Council, therefore, is urging all stakeholders – par-ents, teachers, the students, school managements, the Ministry of Education and the community as a whole – to work together to en-sure Government’s effort to provide “education to all” is not derailed.

The Council also applauds the pay increases for civil servants. Not only does this offer better recognition of their work, but it lessens the pressure on their pockets and gives them more money to spend. This is positive not only for these consumers but for businesses as well.

The Council overwhelmingly welcomes zero per cent duty reduction on the following items:

- Food supplements. These food supplements include essential vi-tamins predominantly used by pregnant mothers and senior citi-zens; this has been reduced from 32 per cent to no duty.

- Baby bottles. The existing 32 per cent duty will no longer apply

- Adult sanitary diapers. Duty of 32 per cent has been removed.

Another important initiative has been the provision of support to shipping operators on uneconomical though essential routes. The Council believes this will benefit consumers in the outer islands, who seem handicapped in other ways already by their relative isolation.

The Council is reminding consumers to continue exer-cising prudent financial management when spending their money. More money in the pockets should not mean going on a shopping spree. Consumers are, as al-ways, better advised to spend wisely and save some for the rainy days.

Budget 2014 - It’s People’s Budget, continued

Council welcomes Govt’s price monitoring taskforce.


The Consumer Council applauds Fijian con-sumers for showing ‘consumer solidarity’ in coming forward and lodging complaints in relation to The Pink Window Creations saga.

Had these complainants not come forward and lodged their complaints with the Council, the breach of law by the owners of the online boutique (section 88 of the Commerce Com-mission Decree 2010), may not have been re-vealed publicly.

The Council received some 203 complaints against The Pink Window Creations, with a monetary value totalling up to $72,381.

Only because of the experiences and stories of these aggrieved consumers was the Coun-cil able to gauge the monetary value and the number of consumers affected by this decep-tion by the online boutique operators.

The Council acknowledges the solidarity shown by the consumers to assert their views

and make them count. As we said elsewhere in this newsletter, we are the eyes, ears and voice of the consumers, but we want them also to be eyes and ears of the community. Power to the consumers!

No doubt, without consumer solidarity, the general public would have been oblivious of the fact that this particular online boutique owed large sums of money to certain mem-bers of the public.

Bravo, Fijian Consumers!


Shopping online is the newest style of buying and selling goods and services. The ease of doing it– just a click of a button on your key-board or mouse –is winning enthusiasts in Fiji too. Gone are the days of ‘Shop till you drop’!

Whether you are hunting for a holiday pack-age, an air ticket, a pair of shoes, a car, kitch-en- and home ware, branded undergarments, specialist food items or the fairytale bridal dress for your big day– you can buy them all online without moving from your chair.

This formerly alien practice of window shop-ping from your desktop has swept the tiring drag from shop to shop into the past; having Internet access and modern devices, social networking sites like Facebook and unlimited surfing of the Web coming into our hands and sitting rooms means that more people – not just the office workers but housewives and students –are today enjoying the ‘bliss’ of on-line shopping.

After the consumers have made their choice of the goods or services on the website mar-keting the products, they make direct money transfers to the dealers through credit cards, bank deposits or cash payments and wait for their goodies to be delivered on time as prom-ised.

It all sounds so quick and easy, but beware! Consumers can face problems when they come across bogus websites that fail to pro-duce their items as promised by the online dealers. Either the items are delayed or the dealers send items that are not the same as those the customers ordered. In extreme cas-es, fly-by-night online dealers, upon receiving money from the customers, just ‘vanish’, as in

Dangers of Shopping Online

a puff of smoke or a cautionary tale. They shut down their websites, disconnect their phone lines and are nowhere to be found, leaving consumers in a helpless state.

In recent weeks, the Consumer Council of Fiji has come across several complaints against an online shopping boutique, recording 203 complaints against them with the monetary value of $72,381. And more complaints con-tinue to come in. Aggrieved consumers had ordered items online and had made pay-ments to the dealers’ account but failed to receive the products on time. Consumers are now demanding a full refund.

The Council Chief Executive Officer, Premila Kumar, says the Council is deeply concerned about such unscrupulous dealers, who take orders from consumers but fail to keep to the promise of delivering goods on time.

In this particular case, the online boutique was in breach of Section 88 of the Commerce Commission Decree 2010 for “Accepting Pay-ment without Being Able to Supply as Or-dered”.

Ms Kumar said the boutique should comply with the law and refund the consumers im-mediately.

The Council is also urging the Registrar of Companies to be more ‘vigilant’ while register-ing new companies as the Council has come across complaints that show that some peo-ple do set up companies only to hoodwink the consumers. There is a need to have more stringent rules in place for those wanting to set up new companies.

Protective tips for online shoppersAlways be smart and wise and look out for a legitimate website:

• Pay securely. Use only websites that yourbrowser recognises as secure. A secure ad-dress begins with https:// or an image of a padlock will appear in the bottom right cor-ner of your browser window.

• Protect your privacy. Buy online from acompany only if you are satisfied with their privacy policy. Do not provide additional in-formation that the company does not need for the sale.

• Confirmtheorder.Thebusinessshoulden-able you to confirm or reject your order be-fore you pay.

• Keep records. Print your order before andafter you confirm. Write down any reference number, and print any receipts that display on screen or are emailed to you. Depending on the type of payment used, check your credit card statement, merchant account (such as PayPal) or bank account to ensure you have been charged correctly.

• Researchthebusiness.Readthe‘aboutus’or‘contact us’ information on the website. This should include the information but reading and understanding it is your responsibility.

• Readthedeliverytermsandconditionsbe-fore you buy from an online seller. This usu-ally explains who is responsible if goods are not delivered or get damaged in transit.

• Clickonanysocialmedialinkstoseeiftheseaccounts exist and, if so, that they have re-cent posts. Be wary if the accounts were only recently established.

• Check if the business has a‘refund policy’and find out how they resolve disputes.

• Search the website name with the word‘scam’ to see if anyone has posted reviews or alerts about the business or website.

• Checkifthebusinessisregistered.

• Demand an acknowledgment and/or re-ceipt when making payment.

• Are there a lot of spelling or grammaticalmistakes in the online ad? Are the images presented blurry? Professional websites generally provide accurate content with high quality images.

Snapshot of The Pink Window Creations Facebook Page.


The Consumer Council of Fiji welcomes the establishment of a consumer complaints and compensation tribunal, which will pro-vide consumers with a simple, flexible and more affordable redress system.

The Council applauds the government for recognizing the need for effective redress for consumers and its commitment to-wards the setting up of a tribunal.

Presently, many aggrieved consumers do not have the money to seek justice in the court because the legal charges are high and the procedures often prolonged.

The Council has come across incidents where consumers decided against pursu-ing their claim through the courts simply because the costs of the legal proceedings

are higher than the probable compensation amount. Because of this, consumers give up while the unscrupulous traders repeat the same illegal behaviour with a number of other consumers.

However, the setting up of a Consumer Tri-bunal is expected to fix the cracks that exist in the current market place, making it more fair, just and efficient.

In 2010, the Council, with financial assis-tance from the European Union, commis-sioned a review of consumer protection laws and redress mechanisms in Fiji. Among other recommendations nestled the pro-posal for a Consumer Tribunal with the aim of providing speedy resolution of consumer disputes.

Consumer Tribunal offers relief to Consumers

Mediation, a problem-solving toolThe Consumer Council of Fiji held a mediation workshop titled, “Creating a Fair Marketplace for Consumers through Consumer Informa-tion and Redress Mechanisms”.

The main aim of the workshop was to learn how to use the skills of mediation to settle disputes between consumers and merchants. The Council believes that the training of me-diators strengthens consumer protection and acts as a deterrent to consumer abuse in the marketplace. Training also builds confidence in the business community as complaints against them will be handled professionally and impartially.

It is notable that the Consumer Council has been using mediation to resolve complaints. In the past 5 ½ years, the Council registered 10,769 complaints worth $16.3 million dollars, and it was able to recover a sum of $6.7 mil-lion dollars by solving 6,816 complaints. That is, 63% of the complaints were solved through mediation. Of great concern to the Council is the cost of non-intervention: in short, not providing the redress to complainants would have been far more damaging not only to the consumers but also to businesses that trade fairly.

In light of the costs of legal proceedings, not all consumers can afford to take a dispute to court, hence, the Consumer Council of Fiji during this workshop aimed to enhance the knowledge and skills of mediators from the Small Claims Tribunal, the Fiji Commerce Com-mission, the Consumer Council of Fiji and legal practitioners from both the private and public sectors. This workshop was held in collabora-

The Council launched one of its major cam-paigns in September this year –the Broadband Nutrition Labelling Campaign, which aims to get the internet service providers (ISPs) to be truthful in the information they disclose to consumers.

The launching of the campaign comes in the wake of the many complaints the Council received in conjunction with the consumer surveys carried out on broadband internet services.

The Council has proposed for ISPs to provide to consumers a Broadband Disclosure State-ment that will carry a summary of essential information that can assist consumers in mak-ing an informed decision. Also, the statement should allow them to compare services be-tween various ISPs in the market.

The Broadband Disclosure Statement pro-posed by the Consumer Council involves 5 basic components: speed variation; reliability; service limits and conditions; pricing informa-tion; and other information.

Consumers are often trapped in mislead-ing advertisements when accessing internet services. A good example is when internet speeds are commonly mis-advertised, with “up to” speeds being claimed that do not rep-resent anything like the actual average speeds that users experience in practice.

The Council is also calling on ISPs to provide full disclosures on pricing. The Council has come across instances where ISP advertise-ments do not provide full pricing informa-tion. In most instances ISPs simply advertise the monthly bill (e.g. $35) and leave out other

costs that consumers incur such as for instal-lation, equipment, security deposit, etc. Pric-ing should also include the cost of a service after an introductory or promotional offer has ended and the cost of data reloads.

As a part of the Broadband campaign the Council has published an information sheet that includes an example of a Broadband Disclosure Statement. Apart from educating consumers on what such a statement is, the information sheet will also assist and mobilise consumers to demand better disclosures from their ISP.

Seek Disclosures from Internet Service Providers – Council Launches Broadband Campaign

tion with the Judicial Department of Fiji and the Fiji Commerce Commission.

The workshop was led by the expertise of Mr George Lim and Ms Josephine Hadikusumo

from the well-known Singapore Mediation Center. Mounted through the Council’s EU funded project, the workshop was held in No-votel Lami, in September this year.


Participants at the workshop


Exclusionary Notices Removed After Council’s SurveillanceSome traders continue to use exclusionary policies and related unfair trade practices against consumers despite publicity on the is-sue including a Ministerial directive for traders to follow the law.

The Council’s market surveillance team found a bread shop in Navua in July, using an exclu-sionary notice – “Once items sold cannot be return pliz”. A discussion with the trader led to the removal of the notice.

In the same month, our surveillance team found three other exclusionary notices.

The first one was at MHCC’s variety store, where an exclusionary notice was displayed: “No refund no exchange on items purchased on promotion price.”

Novo Shoes in Tappoo City showed a sign, “NO EXCHANGE OR REFUND OF SALE ITEMS”, while Treehouse Boutique, MHCC announced “50% OFF.NOREFUNDS OR EXCHANGES”.

The price and quality of bread and meat re-main a matter of grave concern for consumers.

Bread is a staple on Fiji breakfast tables and many poor consumers rely on it as a cheaper alternative to other more expensive breakfast goodies.

Fortunately for many, the common long loaf bread and medium sliced bread are under price control.

even pictures of such illegal notices. We are eyes, ears and voices for the commu-nity but we want consumers to be our eyes and ears on the ground!

Notices of this kind are il-legal as they contravene Section 77(1) (k) of the Com-merce Commission Decree 2010.

Section 77(1) (k) of the Com-merce Commission Decree 2010 requires that “a person shall not, in trade or commerce in connexion with the supply or possible sup-ply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services make representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, and right or remedy that person does not have.” This means that a trader cannot impose a condition that prevents consumers from exer-cising their rights to seek redress if products purchased are not of merchantable quality or if the trader has violated price control, phar-maceutical, safety and other regulations.

Unfair conditions removed at Navua shopConsumers living in small towns or isolated rural areas are just as vulnerable to unfair trade practices and more often than not, most of them are unaware of certain laws that protect them.

The Council’s market surveillance work en-sures that these consumers are not exposed to unfair practices. In July, our market surveil-lance team spotted an unfair condition be-ing imposed by a second-hand dealer in the sleepy town of Navua.

The shop had notice of a limitation clause – “one per customer” –restricting consum-ers from purchasing more than one pair of flip flops that were on sale for $3.50 per pair. Council staff had a discussion with the trader, who then withdrew the unfair condition.

When not consuming costs you: Restaurant charges customers for “not ordering a dish”!We all know you don’t generally get some-thing for nothing. But nothing for something is surely a new twist.

A POPULAR restaurant on Suva’s Victoria Pa-rade was asking customers who did not order a dish to pay.

A notice stuck on the restaurant’s menu card read: “This is to inform you that each person must at least order a dish of food or else$3.00 will be charged for each person not ordering a dish”. Cheapskates beware! We say. Such customer behaviour could lose you dates and mates. But you cannot charge people for not ordering food! The Council raised the matter with the Fiji Commerce Commission (FCC) which promptly ordered the restaurant to re-move the notice and not impose such policies on customers.

All three notices were removed after the Council’s intervention. But were they just the tip of the iceberg?

It certainly appears that some – who knows how many – traders are not making any ef-fort to understand Fiji’s consumer protection laws. The Council’s market surveillance work has its limitations –we cannot be present at all places all the time–and we therefore, request consumers to assist us by providing tip-offs or


Consumers want bread and meat standards!However, some bakers and bread retailers have found loopholes in the price control sys-tem and made small modifications to the long loaf bread to avoid charging the regulated price. For example, the Council has been inun-dated with complaints against MH Supermar-kets, which sell long loaf bread as “oat loaves”, where bakers have simply sprinkled a few oats on the bread to make it appear different from the basic normal long loaf. This has allowed MH to charge a higher price of $1.00 instead

of the regulated $0.75 for urban centres.

The Council has learned that some unscrupulous bakers and retail-ers have exploited the lack of ap-propriate standards for bread. The only bread standards are under the price control system, where a long loaf must have a weight of 400gm and a medium sliced loaf must weigh in at 600gm.

There are currently no standards for bread content. For example, what actually consti-tutes a long loaf is not clearly defined. Should an “oat loaf” or other loaves where bakers have made superficial modifications to make the bread appear different be still considered as long loaf? ‘Long’ would seem to describe a measurement, not an ingredient or superficial sprinkle, but still . . . an oaten long is surely the same length as a wheaten one.

The Council has been lobbying for appropriate bread standards. We have flagged the issue to regulators and policymakers, particularly with the Ministry of Health, which has jurisdiction over food standards regulations.

The same can be said for meat standards. The Council has been asking for proper standards, particularly relating to quality. Consumers have raised concerns with the Council over the poor quality of meat (e.g. lamb chops, beef, etc.) being sold in supermarkets and butcheries. Discontent appears to relate to all meat and products – local or imported, fresh or frozen or processed.

The Council has learned that some unscrupulous bakers and retailers have exploited the lack of appropriate standards for bread


Let not your friendly helper be your downfallLife is empty without a mobile phone. At least, many people around the globe today feel this way. Undoubtedly, mobile phones and the gift they give of connectivity with others, whether for personal or business reasons, have become a necessity for many of us in the 21st Century. This small hand-held item that is more than a mere gadget is owned and relied on in all strata of society, everywhere in Fiji. However, did we manage without them in the past?

But a product so much in demand does not come without risks, alas!

The Council is constantly inundated with com-plaints relating to mobile phones: repaired phones still encountering problems, repaired phones not switching on, brand new phones with missing accessories, new phones with faulty batteries, features on mobile phones not functioning and refurbished phones be-ing sold as brand new phones. The variety of stories we hear at the Council is endless.

Apart from the boom in mobile phone retail-ing, there is an equally brisk business in the handset repair sector. One can tell from the main repair shops that have sprung up in our towns and urban centres.

While mobile phone repair outlets become the go-to place when one damages one’s pre-cious phone, their business practices may not come up so squeaky clean as their welcoming smiles.

In fact, from January to September this year, complaints on mobile phone products topped the top 10 list of complaints registered at the Consumer Council, totalling up to 170 cases. Consumer complaints on mobile phone repairs are included in this category.

From June, the Council’s Labasa Office has been facing problems with some of the mo-bile phone repair shops in the northern town, with most consumer complaints centred on part unavailability and delays in repair jobs. The repair outlets often assure consumers that they will get the phone fixed quickly, but take months to get the job done. This offering of

assurances is often no more than a tactic for enticing customers and discouraging them from seeking the services of competing repair outlets.

Problems are not confined to Labasa. The Council has found that most mobile phone repair shops around the country are not properly regulated in terms of proper storage of phones, repair timeframes, part availabil-ity, prices, and so on. Consumers are primar-ily interested in getting their phone working and often give in their phones for repair with unwise haste. This can result in severe bill shock when repair outlets charge exorbitant amounts for repairs that they had not dis-closed initially as going to be necessary.

ADVISORY: • Consumers are urged to keep records of

brand, model and number, IME (Interna-tional Mobile Equipment Identity number) and other important information. IME is a number unique to every mobile phone and other GSM device (including some satellite phones). IME allows tracing and disabling of stolen or lost mobile phones. The owner can contact their network provider and instruct them to “ban” the stolen mobile phone, identifying it by its unique IME number. This will render the device useless in that coun-try whether the SIM card is changed or not.

• Take downnames of technicians or repairshop staff.

• Demand a proper and itemised receipt ifyou are requested to pay a deposit upfront.

• Make sure that the shop has taken thecorrect information about your phone, i.e. brand and model, IME, etc.

You have rights, but give yourself a reasonable leg to stand on!

Credit card fraud occurs in a variety of ways and consumers cannot always prevent it from happening. During the National Anti–Money Laundering conference held at the Holiday Inn in Suva on 20 November 2013, the Direc-tor of Public Prosecutions, Christopher Pryde, revealed that there is a noted increase in credit card fraud, in Fiji. No matter where in the world you live, you cannot take it for granted that you are safe.

Consumers, then, must be alert to the need for them to play their role and be responsible, as scammers are getting smarter in plotting ways to swindle money out of other people’s credit card accounts.

The methods scammers use to swindle con-sumers include impersonating financial insti-

tutions and suggesting links for consumers to follow so that they can check or update their online or offline credit card account. Easy peasy for the consumer – but for who else as well?

Scammers use these methods to steal con-sumers’ credit card information and their ac-count log in detail, thus making it easier for

them to hack into consumers’ credit card ac-counts.

It is imperative for consumers to avoid giving their credit card account details, PIN numbers, passport numbers or any other personal finan-cial information in response to these e-mails or through suggested links.

No genuine, reputable, reliable, trustworthy bank would contact its customers via an e-mail requesting links for them to update their account information.

Credit card account holders should shun sharing their account with family members, friends or partners, as most victims of credit card fraud in Fiji happen to have close rela-tions with the hackers.

Beware of mobile repair shops!

Is your credit card safe?

Be cautious when visiting mobile repair shops



PHARMACIES around the country came under the spotlight again this year, after the Council conducted a brief survey to find out the level of compliance, particularly in regard to price control rules.

In a survey conducted in June, a total of 49 pharmacies were checked – 27 in the Central division, 5 in the North and 17 in the West.

One of the main findings was that some pharmacies were not following the Fiji Commerce Commission (FCC) rules regarding the provision and display of medicines under price control.

In Suva, for example, 4 pharmacies did not provide the price control list for consumers to have easy access to it. In the West, 2 pharmacies did not have the list displayed or make it accessible to consumers.

When the survey team did follow-up visits several days later, the pharma-cies were found to be in compliance, with lists provided for consumers to consult.

The FCC rules require that a list of price control medicines should be available and easily accessible to consumers to read and understand the prices that they are required to pay.

The Council’s survey and publicity prompted pharmacies to take nec-essary action to ensure that price control medicines are clearly marked

and consumers have access to the list. The Council also undertook to inform consumers via newspaper advisory articles of the price control medicines and the rules that pharmacies have to abide by.

We also call on consumers to be vigilant about price control medicines and to assert their rights to accurate information and choice. Being a consumer does not rob you of your right to be an informed consumer.

No overloaded boats this Festive Season“Inter-Island Shipping Companies Must Act Responsibily”

Pharmacies under scrutiny again


The Consumer Watchdog is urging authori-ties and policymakers to address long-lasting consumer injustice in Fiji’s indispensable inter-island shipping sector.

The Council continues to receive complaints against inter-island shipping operators. Both sides of the equation – operators (providers) and passengers – are persistently beset with such problems as trip cancellations, poor on-board conditions, overcrowding, damaged and lost cargo and irregular services.

In one incident in August, a shipping compa-ny – Goundar Shipping Services – claimed to have cancelled a trip to Koro Island because of a few passengers who had allegedly dodged paying cargo fees. The cancellation affected many innocent island consumers who were at no fault. Many of them had to incur costs as their produce and personal items were left stranded at wharves. The shipping company failed to understand (or perhaps to care) that

its action against a few passengers had affect-ed others who, having paid their fares, fully and rightfully expected to enjoy reasonable service.

Unhealthy conditions on board inter-island shipping are not unusual and constitute a common lament for island travellers. Dirty and blocked toilets, insect infestation, rust, and unhygienic passenger bays are some of the conditions that consumers have to bear. Some shipping companies disregard the provision of hygienic amenities. In some cases passen-ger belongings are stored together with live animals and other cargo.

Other issues include non-disclosure of infor-mation to consumers through tickets or other means. Consumers often receive a ticket with very little information on the terms and condi-tions, such as refund policy, cancellation pol-icy etc. The Council has observed that some operators oversell tickets beyond capacity and

there have been cases where authorities have had to stop vessels from sailing because of the extent of over-loading.

This practice of over-selling and overloading ships has long been a habit amongst inter-island shipping companies and authorities must find the will to fix this seemingly intrac-table problem.

The Council has found that the Maritime Safety Authority of Fiji (MSAF) deals only with safety issues for inter-island and other ships. MSAF’s jurisdiction does not cover other issues.

The Council is urging that issues such as tick-eting, refund policy, provision of amenities etc. should be monitored by enforcement agencies, with proper rules established and clarified to shipping operators, consumers and others.

Over crowding at its peak (Photos supplied).


In June, the Consumer Council’s advertise-ment monitoring found a company making unsubstantiated claims for its quantum ener-gy products. This simply means that they were making extravagant claims for the benefits offered by their product, without offering any credible scientific or experimental evidence at all to back up their claims.

The Council’s market surveillance team found that some sellers of quantum products have been behaving irresponsibly by not putting disclaimers or substantiating their claims.

Some companies are not using any disclaim-ers but they are making claims of therapeutic benefit, without adding any scientific evi-dence to these claims.

For example, one trader was claiming: “Our products….can help reduce and relieve: Dia-betes, asthma, gastric, high cholesterol, stroke, high blood pressure, gout, sinus, sciatica, body pains, arthritis, thyroid, insomnia, Parkinson,

skin problem, weight problems, heart prob-lems stroke, radiation from mobile phones.”

The Council had written to the Fiji Medicinal Products Board (FMPB) seeking clarification and asking for appropriate action to be taken.

The board is the only legal entity authorised to register and authorise the use of a product as a medicine or as having therapeutic effects.

The board has clarified that quantum energy products are not legally registered as medi-cines and that those selling or promoting them cannot make unsubstantiated thera-peutic or curative claims for these products.

Health Minister, Dr Neil Sharma, has publicly stated clearly that quantum energy traders have provided no scientific evidence to justify the claim that their products are of such value and that they work.

Prominent medical practitioner, Dr Ram Raju of the Western Faculty of the Fiji College of

Unsubstantiated claims on quantum energy products

Beware of “Juicy Life” Be warned! “Juicy Life”, a concoction being marketed as a Herbal Medicine, is not an approved medicine.

The Council is advising consumers that despite media reports regarding the healing properties of the herbal medicine “Juicy Life”, it is not a registered medicinal product.

This product cannot be marketed as having medicinal, therapeutic or curative claims.

Traders and herbalists cannot make therapeutic claims on products that the Fiji Medicinal Products Board has not legally registered.

Consumers should not buy these products on the basis of claims that they will heal, cure or provide relief to ill-nesses or ailments.

The Council urges consumers to seek proper medical advice before spending their money on such products.

General Practitioners, has also been proactive in raising the issue and publicly warning con-sumers about medically unproven products like those made for quantum energy.

The Council wishes to inform consumers that any product that claims to have therapeutic effects – such as being able to treat, cure or alleviate illnesses and medical conditions –must, under the Medicinal Products Decree 2011,have been approved by the FMPB.

The Council is urging all sellers and promoters of quantum products or any other products that have not been approved by the authori-ties to stop promoting their products as medi-cines or as having therapeutic effects.

We are also cautioning consumers not to spend their hard-earned money on such products that are not devices that the FMPB has approved. It is noted that such unsubstan-tiated claims discourage people from opting to use the conventional medicines and treat-ments.

Earlier this year, a particular advertise-ment in one of the vernacular newspa-pers caught the eye of the Consumer Watchdog and the Fiji Medicinal Prod-ucts Board.

The advertisement was promoting the use of a massaging oil by a company named ‘Sarvashakti Investments’. The ad-vertisement claimed that the oil could treat and remove all kinds of pain like arthritis and a few other painful ailments.

The Fiji Medicinal Products Board, how-ever, raised concern; it wrote to the editors and publishers of the concerned daily, advising them “that products for which such claims are made are consid-ered medical products under the Me-dicinal Products Decree 2011, and the importation, distribution or sale of them

requires approval of the Board”.

The Board clarified that “Sarvashakti In-vestments” was not an approved or li-censed seller of medicinal products, nor are the products in the advertisement legally registered as medicinal products.

Given this legal requirement, a request has been made that all advertisements involving medicines or medicinal prod-ucts be verified with the Board before they are published, as misleading ad-vertisements on such products can be hazardous.

The Council strongly urges consumers to be extremely cautious when purchas-ing such products. Advertisers often deal in fantasies rather than strict truth.

Sarvashakti Investments – Unlicensed Medicinal Products



Following an increase in the price of Rewa Butter, consumers are ad-vised to look for alternatives.

While the Council understands that Rewa butter remains popular among ordinary Fijian consumers, the price increase means consumers who are unable to afford Rewa butter any longer will have to look for alternatives that are available in the market.

For instance, Jubilee, Anchor and Westgold are three other butters also presently available in the Fiji market. Of course, these brands will have price differences. Consumers also have the option of shifting to veg-etable oil margarines, which are cheaper than animal fat–based butter.

The Council urges consumers to be cautious of any misrepresentation of the type where some unscrupulous retailers may sell margarine la-belled as “butter”.

The Council has in the past handled complaints from consumers claim-ing some traders have sold margarine labelled as “butter”.

Consumers must also be vigilant when buying butter that has been cut and repacked by some shopkeepers. Repacked or re-cut butter carries a high risk of contamination if the butter is repacked under unhygienic conditions.

Soaring price of butter

Source: Fiji Commerce Commission [Price Control] [Percentage Control of Prices for Food Items] Order 2012 Price List as at 22.11.13 with Amendments. Note: refer to www.commcomm.gov.fj for latest updates on regulated prices.

Brand Weight Viti Levu Vanua Levu Outer Islands

Urban Rural Urban Rural

Jubilee 125g 2.21 2.32 2.34 2.45 2.50

Jubilee 500g 7.10 7.46 7.53 7.88 8.02

Rewa 125g 2.30 2.42 2.44 2.55 2.60

Rewa 250g 4.55 4.78 4.82 5.05 5.14

Rewa 500g 8.95 9.40 9.49 9.93 10.11

New Butter Prices as of 22 November 2013

In October, the Consumer Council of Fiji held an awareness workshop for the Early Child-hood Association (ECA) teachers (Suva Branch) upon their request.

During this workshop, the Council chose to highlight the issue of unhealthy food sold and consumed by school children and the impor-tance of having a set of canteen guidelines in place.

The Council highlighted that schools should avoid selling unhealthy (junk) food in their canteens. Parents, teachers and school man-agement must work together to ensure that their children are encouraged to consume

healthy food at all times.

The ECA teachers were told that school can-teens can play a significant role in curbing the consumption of unhealthy foods and that all schools at whatever level need to follow the Ministry of Education’s canteen guidelines, which encourage healthy eating for children.

The Council supports regulations that limit irresponsible marketing of unhealthy food to children.

The Consumer Watchdog wants food manu-facturers, traders and food vendors to exercise social responsibility and stop using children as

the unwitting market for less nutritious food.Also, the Council wants advertising standards to be put in place to protect children from be-ing used or targeted in the marketing of food products or any other products that are harm-ful to their long-term health.

Apart from this, the Council made presenta-tions to the teachers on consumer rights and responsibilities, hire purchase agreements and debt management.

The 52 teachers who attended the workshop are teaching in kindergartens in Suva, Tailevu, Navua and Namosi areas.

Workshop highlights the Importance of Canteen Guidelines

Participants at the workshop



Case Study 1Mr Manu financed the purchase of his vehi-cle with a loan of $9,828.00 in January 2011. His repayments as per the credit contract was $273.00 per month.

Unfortunately, in November 2012 Mr Manu lost his job. Following this, he immediately paid a visit to his credit-provider advising them of his current employment status.

The credit provider advised Mr Manu that he should continue to pay whatever amount he could afford. Mr Manu had no choice but to

Debt Management ServiceSince the introduction of the Debt Management and Consumer Advisory Services at the Council, we have received a steady flow of consumers coming in to seek our services. Till 30 November 2013, we have assisted 36 consumers seeking information or assistance with various financial products and assisted 19 consumers to restructure their credit accounts.

Consumers are encouraged to utilize this free-of-charge service offered at the Council. Should you need the assistance of the Debt Management and Consumer Credit Advisory Services at the Council, here’s what you need to bring along with you when you visit:

• Contractsforloanand/orhirepurchaseac-counts

• Accountstatements

• Anydefaultordemandnoticessenttoyoubyyourcreditprovider

• List of all loans that you have takenwithcreditprovidersandmoneylenders

• Allincomedetails–includingpayslips

• Allexpendituredetails

• Allwrittencorrespondencewithyourcred-itprovidersregardingyourdebt(ifany)

• Anydocumentationsupportingyourhard-ship,e.g.medicalreports,employmentter-mination letters etc.

If you need any assistance with managing your debt, the Council can assist you with the:

• preparationofahouseholdbudget

• creditadvice inaccordancewiththeCon-sumer Credit Act1999

o your rights and responsibilities under acredit contract

o howandwhentorequestyourcreditpro-vider for a restructure

o advice on how to access personal andhomeloansandhowtocomparedifferentproductsavailableinthemarket.

Frustrated?Frustrated?continue with his repayments. He used his personal savings and paid whatever he could. Generally he paid around $100 to $350 a month from November 2012 till April 2013.

In May 2013, Mr Manu was lucky to find em-ployment in a security firm, that paid him less than his former job.

His repayments had been inconsistent when he was in financial hardship, during which time his account went into arrears. In May 2013, Mr Manu received an Arrears Notice for the sum of $953.56 and giving him 30 days to pay the same.

SolutionFollowing Mr Manu’s request for assistance, the Council liaised with Credit Corporation (Fiji) Limited for an account restructure on the grounds of hardship. The Credit Corpora-tion agreed to assist Mr Manu under section 66(2) (a) of the Consumer Credit Act 1999. As a result, Mr Manu’s account was restructured and his repayments were reduced to $200.00 a month.


Case Study 2Ms Alice had hire purchase accounts with two different credit providers. She had 4 hire pur-chase accounts with Carpenters Finance (Fiji) Limited and 2 hire purchase accounts with Courts Fiji Limited. Her monthly repayment for all 6 accounts was $417.00.

In July 2013, Ms Alice was suspended from em-ployment, causing severe financial hardship. She started defaulting on her monthly repay-ments for all her hire purchase accounts. She decided to seek assistance from the Council.

SolutionThe Council, acting under Section 66(2) (c) of the Consumer Credit Act 1999, assisted Ms Al-ice with a repayment holiday for three months with Carpenters Finance (Fiji) Limited and two months with Courts Fiji Limited. In the mean-time, Ms Alice started looking for a job to meet her commitments under the hire purchase ac-counts.

Your Rights to Restructure LoansThe Consumer Credit Act 1999 gives consum-ers certain rights when they face difficulty in paying back the loan.

If you are experiencing temporary difficulties in meeting your loan repayments, you may

approach your credit provider for assistance. However, while you have the right to apply for restructure, this can only be done under certain conditions. Under the Act, restructure can only be applied if a consumer is ill, unem-ployed or has other reasonable cause not to meet his or her financial obligation under the contract. If you are facing any of the above problems and as result cannot meet the loan repayments, you can request a restructure. The three ways are:

• temporaryreductionoftheloanrepaymentamount

• postponingforaspecifiedperiodthedateon which payment is due

• extendingtheperiodoftheloanandpost-poning for a specified period the date of payment.

When a consumer restructures the term of his or her account, he or she will ultimately be paying more. Also, the credit provider may charge a certain fee to restructure the loan agreement. This is commonly referred to as administrative charges.

You should also consider consolidating or re-financing as alternatives to restructuring, in response to financial hardship.

It is important to note that in the event that the credit provider does not agree to restruc-ture the consumer’s account, the consumer can apply to the court for this restructure.


Our Advice• If you’re facing any formof financial hard-

ship, it is best to inform your credit provider straight away and request the restructure of your account to reflect how much you can afford to pay at that particular time.

• It is best to formalize all your discussionswith your credit provider in writing, by sending either an email or a letter. It is also important to retain a copy of the commu-nication that has been sent to the credit provider. If you hand deliver your letter, it is important that the person that receives it at your credit provider should acknowledge receipt (by name, date and signature).

• Donotwaittoo longafteryouhavefacedhardship to contact your credit provider or the Council for assistance. Time is of the es-sence – a proactive approach to managing your debt is a must!

• Revisit your budget and ensure that youare living within your means. If there is a downsize in your income, you must respond by controlling your spending.


TheCouncil’sAlternativeDisputeResolutiondivision(ADR)continuestoreceiveanoverwhelmingresponsefromconsumersandhassofarrecord-edatotalof1,888complaintswithamonetaryvalueof$2,616,646.53.

Todate,a totalof1,329complaintshasbeensuccessfully resolved, sav-ingconsumersatotal$1,552,042.76oftheirmoney.Thesefiguresarein-clusiveof complaints received from theCouncil’s three regionaloffices–Suva,LautokaandLabasa.

The Council will continue with its intensive lobbying and negotiations withrespondentstoprovideappropriateredresstoconsumers.Consum-ersareadvisedtocontinuetoutilisetheADRservicesprovidedtothemby the Council.

For theperiod1 January to30November2013, clothing (online shop-ping)complaintshavetoppedtheCouncil’slistwithatotalto234com-plaints.Oftheseclothingcomplaints,203areregisteredagainsttheon-lineclothingboutique‘ThePinkWindowCreations’.Thisonlineshoppingboutiquehas receivedmoney fromconsumersbut failed tosupply theclothingitemsthatwerepaidforbytheseconsumers.

ComplaintsrelatedtoMobileProductsranksecondonourlistwithatotalof193complaintsbeingregisteredsofar.Thisisareflectionoftheamountof poor quality and counterfeit products that traders are nowmakingavailabletoconsumers.Inthethirdplaceareelectronicgoodswith180complaints.Inaddition,161Landlord/Tenancycomplaintsplacedfourthon the listand118complaints relating to theservicesprovidedby theWaterAuthorityofFijicameinatfifthplace.

Mediationprocess iseffective inaddressingcomplaintsas itenablesallpartiesaffectedtocometothetableandagreetoawayforward,whichisasolutionthatisagreedtobyallpartiesconcerned.

The Council currently has a 70% success rate in solving complaintsthroughmediationforthisperiod.Unfortunately, theCouncildoesalsocomeacrosssomeunscrupulousrespondentswhofaileithertocomplyand/orprovideredress.Insuchinstances,theCouncilrefersthesecasesto other relevant enforcement agencies for further action.

12CONSUMER WATCH DECEMBER 2012

Total Complaints Received

Resolved Cases

Cases Referred to Small Claims Tribunal

Cases Referred to Other Authorities

Cases Pending

Issues No. of cases registered

1. Clothing 234

2. Mobile Products 193

3. ElectronicGoods(Computersetc) 180

4. Landlord/Tenancy 161

5. Water(WAF) 118

Monetary Values For Complaints Received From 1st January– 30th November 2013

Complaints Total Dollar Value

Registered Cases $2,616,646.53

Resolved Cases through Mediation $1,552,042.76

Cases Referred to Small Claims Tribunal $66,925.56

Council’sComplaintAnalysis- 1stJanuaryto30thNovember

Consumer Complaints Received From 1st January– 30th November 2013

Registered Cases 1,888

Resolved Cases through Mediation 1,329

Cases Referred to Small Claims Tribunal 187

CasesReferredtoOtherAuthorities 112

Cases Pending 242

Onlineshoppingcomplaintstopourlistofcomplaintsfrom1st January - 30th November2013.



1. Poor Customer Service Ana engaged Nalota Driving School to learn how to drive so she could obtain her driver’s license. She paid $300 upfront for the driving lessons and $20 for her learner’s permit. Her in-structor from Nalota Driving School then gave Ana a 30-minute theory lesson the very next day and 6 slots of 45-minute driving lessons were planned for the next 2 weeks.

However, out of the 6 slots that were planned for, the instructor cancelled 5 times without any notice and during the slot when the in-structor was actually there to give lessons, she was continually asking for Ana’s mobile phone to send text messages and to dial and receive calls.

Having paid for the services, Ana questioned the professionalism and the quality of the services that she received. Frustrated with the continuous abrupt cancellations, Ana de-manded a refund but the instructor refused. An instruction road code manual that LTA had given Ana was taken away by the instructor.

Disheartened with what had happened so far, Ana lodged a complaint with the Council.

The Council contacted the complainant for mediation and also notified the Land Trans-port Authority about the instructor. As a result, Ana’s road code manual was returned to her and she was also given a 50% refund. The in-structor from Nalota Driving School was also given a written warning.

A used car dealer in England has been jailed for three years and ordered to repay a sum of £390,000, after shaving six million miles off used vehicles and forging service history documents.

Adil Hussain, from Lenton in Nottinghamshire, made more than £100,000 by tricking his customers online and turning back the cars’ odometers before selling them at premium prices.

According to the Daily Mail, Nottingham Crown Court heard that Hussain bought cars from auctions and private sellers before fid-dling with the mileage and reselling them on a used car classified site. He pocketed up to £133,200 by selling 74 ‘clocked’ cars online.

Hussain was reported to the Nottingham Trading Standards (County Council) after one woman realised she had been conned into spending thousands of pounds. Hairdresser, Caroline Jones, ended up paying £3,000 to repair a fraudulent vehicle, after trading in her Honda S2000 for a Toyota Celica.

Hussain was jailed for three years for fraud and ordered to pay £390,000 – the value of the cars he ‘clocked’.

Source: http://cardealermagazine.co.uk/publish/used-car-dealer-jailed-for-clocking-six-million-miles-off-used-cars

FRCA Warns of Odometer

Fraud (Fiji Sun, 13 April, 2013)Fiji Revenue and Customs Authority (FRCA) wishes to inform the general public to be more vigilant when buying imported used vehicles. This issue emanated after a routine customs compliance exercise. The exercise has confirmed alteration of odometer for im-ported second-hand vehicles under Customs Bond.

Chief Executive Officer, Mr. Jitoko Tikolevu said that following the compliance verification ex-ercise on 2nd March 2013, it was revealed that most of the imported second-hand BONDED motor vehicle odometer mileages were being tampered when compared against its respec-tive declared cancellation certificate mileage. This is odometer fraud.

Odometer fraud (also known as “busting miles” or “clocking”) is the illegal practice of altering vehicle odometers to show a lower mileage than the actual mileage of a vehicle. In most cases, the tampering of odometers are done to used vehicles to make the vehicles more attractive to buyers and to inflate the value of vehicles so that they can be sold at a higher price.

Odometer fraud is a serious threat to used car buyers because they may be burdened with significant costs. The cost includes:

• Extracostofthecar:buyershavetopaymore for a vehicle with a tampered odom-eter than the vehicle is worth.

• Additional insurance costs: low mileagevehicles often have more expensive insur-ance.

• Additionalmaintenancecosts:avehiclethathas been tampered with may need more maintenance and therefore may require more costly repairs.

• Vehiclesafety:tamperingwithanodometerputs additional stress on the vehicle engine and suspension which can make the vehi-cle unsafe to drive.

When procuring imported second-hand ve-hicles, consumers are advised to demand for a cancellation certificate from motor vehicle dealers to verify the reading on the odometer mileage. If they notice a variance in the can-cellation certificate and its odometer mileage reading than the matter should be reported urgently to the relevant Authorities.

Consumer Council’s Note: Despite assurancefromFRCAandLTA,odometertemperingisstill practiced by the second-hand vehicledealers.Mileageon thecancellationcertifi-cates do not match with the actual mileage ofthevehicle.Basedonthecomplaints,theCouncil found actual mileage of the vehicle to be much lower than the mileage shown onthecancellationcertificate.

Our Advice• You have a right to a refund or a remedy

if services, which you are purchasing, do not meet basic levels of quality and perfor-mance. All services that you purchase must:

• becarriedoutwithskillandcare

• achievethepurposeforwhattheywerein-tended.

• If the service does notmeet the requiredstandards, you may seek redress from the service provider.

2. Inferior quality wooden wardrobe John purchased a wooden wardrobe from Subrails Furniture Centre for $1199.00 in June 2011. However, after 4 months, John noticed the presence of fungal infestation and notified Subrails Furniture Centre of this. The wardrobe was returned and after 3 weeks, a replace-ment was provided to John. After a year, the same problem occurred with the replacement wardrobe. This left John frustrated, especially after having spent $1199.00. A complaint was lodged with the Council and after our inter-vention, John was provided with his second replacement, with a 12 months warranty pe-riod.

Our Advice• You have the right to seek redress from a

trader who sells you goods that are not of merchantable quality and not fit for the pur-pose for which they are made.

3. Non-authorisation of works carried out on vehicleJessie left her vehicle with Carpenters Motors for regular servicing and after collecting her vehicle, she received an email from Carpenters Motors outlining the charges for mechanical works to the amount of $639.50, ‘that were carried out on your vehicle’.

Jessie felt cheated because she did not au-thorize any of the works she was now being charged for. Carpenters Motors, without any prior approval from Jessie, had proceeded to replace the oil filter, air filter, fuel filter, coolant, wiper blade and spark plugs.

Disappointed, Jessie lodged a complaint with the Council.

The Council mediated with Carpenters Motors and found that indeed, Jessie did not sign the repair order before Carpenters proceeded to carry out the works she was now billed for. Jessie was willing to pay only $140.00 towards the works that were carried out and this was agreed to by Carpenters Motors since they had not obtained Jessie’s prior consent.

Our Advice• Donotpay forgoodsor services that you

have not consented to (also known as unso-licited goods and services). You must agree to all servicing or repair works carried out on your vehicle before the actual works are carried out.

Used car dealer jailed for ‘clocking’ six million miles off used cars

13CONSUMER WATCH DEC 2013 CASE STUDIES

Misleading AdvertisementsThe Consumer Council regularly monitors ad-vertisements and product and service promo-tions that appear in the media, online, in-store and through various other means.

Retailers and service providers use advertise-ments to sell their products and to relay infor-mation to consumers about their sales and pro-motions.

While designed to entice consumers, advertise-ments are a useful source of information that many consumers rely on when deciding wheth-er to purchase or subscribe to certain products and services. The ploys to entice often result in advertisements containing inaccurate or mis-leading information. One common problem is that not all the information that a consumer needs is contained in an advertisement, or cer-tain terms and conditions are stated in very fine print so that consumers do not notice them or are tempted not to bother reading them.

This is a main reason why the Council moni-tors the advertisements. The Council, however, believes that consumers themselves need to take more responsibility to read carefully and understand product or service advertisements. Consumers are also urged to alert the Council if they believe an advertisement is not truthful or is giving out misleading information.

Inkk broadband ad makes a million KB look huge.

The advertisement had the words “+ FREE 1 MIL-LION KB DATA”, which to an ordinary,‘ non-techie’ consumer may sound like a huge amount of data. The use of “1 MILLION” would certainly attract consumers, although in actual fact it is

“+ FREE 1 MILLION KB DATA” – “1 MILLION KB” is “1GB”. Use of “1 MILLION” to entice ordinary consumers with the large figure. Other Fiji ISPs use GB and MB as measurements, making compari-sons for consumers easier.

Coverage area and speeds not disclosed.

Sky Pac customers get rebate after misleading adTHE Council found Sky Pacific’s July $249 birthday promotion of its satel-lite kit misleading after customers who purchased the package were charged the normal price of $399.

The advertisement that first appeared in the Fiji Times on 6 July 2013 stated that the promotion was applicable “this July”. Some consumers had purchased the kit before 6 July but were charged the normal $399 price.

The Council contacted Sky Pacific about the problem and the pay-TV provider agreed to give a $150 rebate to all customers who had pur-chased the satellite kit during the period 1–5 July.

Misleading flyers on Cebo sandals removedThe Council’s advertisement monitoring team found misleading Cebo sandals flyers at JR White stores in Suva and Lautoka in July.

The importer/distributor, Payless Shoes, had removed the flyers and ad-vertisements for these Cebo sandals in September. The Council found that the trader was continuing to make an unsubstantiated claim, that the sandals were made in the Czech Republic when in fact they were manufactured in China.

The Council found that some of the small misleading flyers were still held at some JR White stores in Suva and Lautoka. The sports gear and shoe retailer removed these from its stores after the Council reminded them that the information in the flyers was misleading.

only 1 GB of data! And many consumers would not understand the difference unless they have some advanced knowledge of internet stand-ards and measurements.

Other Fiji internet service providers use “GB” and “MB” as standard data measurements, making comparisons for consumers easier. While KB is an acceptable measure of data, most ISPs provide information on data caps and usage on per MB and per GB basis, which allows users to compre-hend their consumption better.

We prefer that internet service providers use standard measurements of data to allow con-sumers to make comparisons. This is one of the objectives of the Disclosure Statements that the Council is advocating for the internet service providers to use. Having a comparable measure places consumers in a better position to make informed choices. It is difficult for ordinary Fijian consumers to make comparisons between two different data measures that they may not be fa-miliar with, such as KB compared with GB.

Inkk’s advertisement also lacked two very im-portant useful facts for consumers – speed and coverage. These are not disclosed in the adver-tisement (see picture). Furthermore, the adver-tisement was ambiguous about the “$19” price tag: it does not clearly say – in equally large font– what the “$19” is for.

The Council is urging Inkk and other internet service providers to use the Broadband Disclo-sure Statement that provides basic and impor-tant information for consumers. [This is available online: http://www.consumersfiji.org/our-work/campaigns/broad].

July SkyPacificfailedtodisclosethepriceofMPEG4decodersinitspromotionalmaterial

Advertisement was amended

BBQ(Fiji)Ltd’s2013FijiTelephoneDirectoryadhas“delivery”signagebutthecompanynolongerprovidesdeliveryservices

Thecompanywillamenditsinformationinthe2014FijiTelephoneDirectory

August OfficeProducts’in-storeflyeradvertisedalaptopwithprocessorspeedof 3.1Ghz when it was actually 2.5Ghz

Complainantwasrefundedandtraderamendedtheflyer

InnkMobileadvertisementinFijiSunon03/08stated50MBdatavalidfor30days,butonactualsubscriptionithad24-hourexpiry

Innkacknowledgeditsmistakeandamendedtheadvertisement.Consumerswereadvisedtoseekredressdirectlyfromthecompany

AdventureWorldTravel’sLEDdisplaystatedaNaditoAucklandreturnfareat$799buttheofferhadexpiredandwasnolongervalid

ThetravelagencyamendeditsLEDdisplay

MHLautokahada600mlCokedisplaypriceof$2whentheactualpricewas$2.10

TheSupermarketamendedthepricedisplay


Other advertisements that came under scrutinyThese are some other notable advertisements that were investigated by the Council. In most cases, amendments were made to the advertisements and in some instances, consumers also benefited from the Council’s intervention through rebates or refunds.

The Christmas season is one of the busiest times of the year for many businesses and consumers. It can be a most stressful time of the year, too, for employers looking for gifts for their employees, for businesses opening for long hours to cater for throngs of last-minute shoppers and for consumers who are looking for bargains to buy as gifts for their friends and families, to express their love and give pleas-ure without busting their budget.

Businesses perform impressive juggling feats with long hours, multitudes of customers and floods of advertisements and flyers to be-placed in mailboxes, the media, windows and other prominent public places. But there are important constraints that both sides must be aware of.

Tips & Advice for Consumers Being responsible shoppers is up to you!

• ‘Shoparound’beforeyoubuytoensureyoufind the best deal. Businesses are not re-quired to give your money back if you find a cheaper price elsewhere or change your mind regarding the product. Businesses are required to give redress, for example, only if the product is defective or unfit for its in-tended purpose.

• Thetraderorthemerchantwhosellsyouaproduct is the party responsible if the prod-uct turns out to be faulty. You do not have to deal with the manufacturer, nor does it matter that the product may not be under guarantee or warranty. Your rights to re-dress lie with the retailer/supplier and the Sale of Goods Act provides protection if the trader does not give a warranty.

• Never sign a contract before reading it.Remember: READ BEFORE SIGNING. Never sign a blank contract that a salesperson says will be filled later.

• Always keep your receipts, cancelledcheques, credit card payment details, war-ranties, estimates, contracts and instruc-tions. If you are lucky you will not need them but by golly, you will be pleased to have them if you run into any problems with goods and services!

• ‘No exchange, no refund’ notices are ille-gal in any form. They should not appear as signs in the shop or on receipts, nor should they even be communicated verbally. Fur-thermore, this rule applies even to items that are on sale.

• As a consumer, youhave certain rights ofredress. For example, you can have the item repaired or replaced or you can seek a re-fund. Businesses can offer a credit note but you only have to accept it if you choose to do so.

• When buying second-hand goods, youhave a right to expect them to still be in a reasonable condition for their age and price. Also, remember that while second-hand goods may have faults, these should be pointed out at the time of sale. If other faults become apparent after purchase, you have a right to redress.

Tips for Businesses You are required to comply with consumer protection laws!

These useful tips provide guidance to busi-nesses for this Christmas season.

1. Provide all information to customers up-front; it reduces the chances of disputes or complaints at a later date.

2. All discussions, displays and demonstra-tions assist consumers to make a decision. Therefore they must be accurate.

3 Clearly disclose all costs to the consumer at the outset. Don’t ‘advertise’ or tempt con-sumers with a VAT exclusive price.

4. Do not accept payment if you know that your business cannot provide the goods or services promised. If you advertise goods or services your business cannot supply, this-will result in ‘bait advertising’, which is an il-legal form of marketing.

5. Do not mislead customers when giving quotations for jobs since it is on this infor-mation that customers make their final de-cision to acquire the good or the service.

6. Ensure that all information contained in any advertisement, brochure or flyer is accurate; for example, indicate the condition of the goods you are advertising, i.e. whether they are new, second-hand or reconditioned.

7. Ensure that any illustrations or pictures used in advertisements relate specifically to the good being offered for sale. For instance, pictures placed in advertisements should not be of a different version or model of what is actually being sold, as this could be misleading and may more often than not confuse the consumer.

8. Ensure that all important terms and condi-tions of the goods or services are in simple English that can be understood easily by a lay person. It’s even better if this information is provided, accurately, in the vernacular as well.

9. Do not mislead customers about their rights to a refund, and especially remember that No Exchange, No Refund signs are illegal.

10. Do not use fine print to modify or change significantly the main offer in the main mes-sage of an advertisement.

Christmas Shopping Tips for consumers and businesses


TIPS for the determined shopperFestive delight The festive season is upon us, that time when most of us tend to be most sus-ceptible to the commercial and family pressures to shop, eat and give our way into true happiness. And of course it is mostly at this time that we are being targeted by psychological tactics that tempt us to splash our money around with true prodigality.

The shops know we all love a bargain, and they play that weakness to the hilt. But if we really understood the sleight of hand lying behind what look like special deals, we could perhaps be sav-vier shoppers.

Top tips when bargain hunting

• Trytoavoidstoresthataretoobusy,with determined false gaiety and loud music forcing assaulting your senses. This can confuse and distract you from judging which are genu-inely good offers.

• Askthesalesreptorepeatthesalesdetails clearly and slowly and if possi-ble ask him/her to write them down.

• Before youmake a decision, take abreak, and think again.

• Can you shop alone? Individualshave a proven tendency to buy products that they do not need when they are shopping with a peer group.

• Never shop when you are feelingemotionally upset. Purchasing to overcome any mood or behavioural troubles is not beneficial in the long term and may actually worsen your emotional mood.

• Go shopping after ameal or whenin a good and clear mood. Your best shopping pal is a tranquilhead and a positive mood.


1. Carpenters Motors – For exceptional customer careTomasi purchased a vehicle in November 2012 which had de-veloped mechanical problems only four months after it was pur-chased. The warranty offered was for 3 months or 6000km which-ever came first. When the faults developed in the vehicle the mileage was 3067km.

Tomasi lodged a complaint with Carpenters Motors, who advised him to take the vehicle to a particular garage in Vatuwaqa for diag-nosis. However, after the diagnosis report was generated, Carpen-ters took no further action. Frustrated with the situation, Tomasi lodged a complaint with the Council.

With Councils intervention, Carpenters Motors gave the benefit of the doubt, given the expiry of the warranty, and offered to repair Tomasi’s vehicle without any costs.

2. Vunisea General Store –For maintaining great cus-tomer relationshipsManoj purchased a boat propeller from Vunisea General Store, which could not be made to fit properly. He requested a replace-ment but the store advised him to pay for a new one. Not satisfied with the response, Manoj lodged a complaint with the Council.

The Council liaised with Vunisea General Store on this matter. They requested that the item be tested by Asco Motors as they are the suppliers of the product. The inspection of the propeller at Asco Motors workshop revealed that the damage occurred due to the incorrect installation of the propeller. The washer was not installed properly, which caused damage to the back end of the propeller.

Although the propeller had been damaged because of incorrect installation, Vunisea General Store provided a replacement propel-ler at no cost, to assist Manoj and maintain a good customer rela-tionship with him.

3. Office Products –For providing appropriate redress to a consumerTinai purchased a laptop after seeing a flyer put out by Office Products. The flyer advertised that the processor speed of the lap-top was 3.1GHz. However, when Tinai switched on the laptop she found the processor speed to be 2.5GHz.

With Council’s intervention, Office Products fully refunded Tinai and rectified their flyer, which was indeed incorrect.

4. Brand Star – For extending the warranty period to match the manufacturer’s warranty periodJames bought a Ninja Master Prep Professional appliance from Brand Star. He later discovered that the owner’s manual states a 1 year warranty, though the sales person had written ‘6 months warranty’ on the receipt of purchase.

The Council discussed the matter with Brand Star. Brand Star agreed to increase the warranty period to one year to match the warranty period provided by the Manufacturer. This was made ap-plicable across the board for all Ninja Pro Products.

5. Carpenters Finance – For increasing the font size of Hire Purchase agreements Carpenters Finance increased the size of the font used for their Hire Purchase Agreements, Information statement and Pre-disclo-sure statements. This will enable consumers to read the terms and conditions and other key information before entering into Hire Purchase agreements with Carpenters Finance.

1. Louise Steele – Dodgy property manager Numerous complaints were lodged with the Council against Ms Louise Steele for obtaining bond and rent money and not providing flats as promised. When tenants requested bond refunds, Ms Steele gave them a run around for their money. Tenants’ electricity was also disconnected for months even though electricity was supposed to be included in the rent.

Complainants have been referred to the Small Claims Tribunal for claims.

2. Liberty Footwear – selling poor-quality shoesAshneel purchased “Warrior” brand safety shoes, the sole of which began crumbling to pieces after three days of usage, exposing its metal frame. Ashneel was not satisfied with the product and he opted for a refund, which was denied by Liberty Footwear. He then lodged a complaint with the Council.

The Council sought clarification from the respondent, who advised that Ashneel had been aware of previous complaints about the quality of the shoes. Therefore they were only willing to provide a replacement or a shoe of higher value for which Ashneel would have to pay the differ-ence. Since a refund was refused this complaint was referred to the Small Claims Tribunal for claims.

3. The Pink Window Creations- accepting payment without being able to supply as orderedHundreds of consumers are still waiting for their refunds after The Pink Window Creations accepted monies from consumers without supplying the items, which were Indian outfits. To date the Council has received 203 complaints worth $72,381.

4. Survey Fiji Consultants –for bad customer care skillsKaren had engaged the services of Survey Fiji Consultants to survey land and provide her with an approved plan. However, after she had paid$4000 for the said work, Survey Fiji Consultants did not provide the approved land plan as promised and agreed to. The Council made numerous at-tempts to consult Survey Fiji Consultants but to no avail. The matter has been referred to the Small Claims Tribunal.

5. Melbourne Building Works– Not completing work paid forShiva had engaged the services of Melbourne Building Works to install and build a kitchen comprising a sliding chopping board, overhead cup-boards and drawers, built-in microwave, cutlery drawers, colour white top and bar and pantry cupboard. Shiva paid a total of $7,800 for this work. Melbourne Building Works failed to attend mediations as scheduled by the Council and the matter has been referred to the Fiji Commerce Com-mission.

6. In Fashion, Nadi – refusing to cancel a lay-byThe complainant had purchased a wedding sari and men’s wedding suit worth $2,210 through lay-by. He paid $150 deposit. However, due to a death in the family, the complainant cancelled the lay-by within 1 week. Infashion refused to refund the $150 paid as a deposit.

With Council’s intervention, Infashion still refused to assist despite be-ing informed that the complainant has a right to cancel a lay-by sale by giving either written or verbal notice. Infashion further stated that they will charge the complainant a service fee of 20% of the total value of the clothing, which was more than $150. The matter was referred to the Small Claims Tribunal.

THUMBSUP

THUMBSDOWN



Lay-by Can you provide me some update/informa-tion on the lay-by procedures conducted by shop owners? Can shop owners have in their terms and condition a rule saying, non refund-able of deposits and installments. And if so, how can you recover the deposits if you want to cancel the agreement later.

Please advise.

Lawrence Chandra, Suva

Council’s ResponseThe Council thanks you for your query. It wish-es to highlight that consumers should get a refund once a lay-by is cancelled.

Section 67 (1) of the Sales of Goods Act (Cap 230), provides for the “right of buyer to cancel lay-by sale”–this is where consumers can can-cel the lay-by at any time before the purchase price has been paid in full. The consumers can give the seller either verbal or written notice.

The consumers are entitled to a refund once a lay-by has been cancelled. However, consum-ers may lose a portion of the payment, which the trader may deduct as a fee for keeping the item aside. The Council is of the understand-ing that many consumers are unaware of this right and fail to demand a refund when they do not wish to continue with the lay-by trans-action. Consumers are urged to seek advice or clarification on matters unclear to them.

Online Shopping Boutique I would like to lodge a formal complaint against The Pink Window Creations.

In July, I had purchased 4 Kameez worth $396-00 from the above mentioned business.

The items were due for delivery in early Sep-tember. However, the items were not received. Given the delay, we as the valued customers were entitled to a refund.

I have kindly been requesting for a refund for the past 2 weeks. However, the owners have not responded. They have also barred all means of communication.

Hence, I kindly request for action to be taken against the said business and for all the valued customers who have not received their items, to have their monies refunded.

I look forward to a positive response.

Faybia Shariff, Suva

Council’s ResponseThe Council has met with the owners of The Pink Window Creations in regard to the re-funds.

In the meantime, the Council has notified the Reserve Bank of Fiji, the Immigration De-partment and the Fiji Revenue and Customs Authority of the complaints received against The Pink Window Creations. These respective institutions are aware and will be looking into the business as well.

The Council cannot give a definite date by when consumers will get their refunds, given the fact that the online boutique is selling other items online to pay off money owed to consumers. The owners, however, have indi-cated to us via email that they have started to make refunds. We have run a check and we have noted that they have made refunds to just a handful of consumers.

We also advise consumers to lodge their claims with the Small Claims Tribunal.

Promotional WinnersI want to relay to you about something. I may be right or wrong, but you people can find out.

This is about MH organising all sorts of promo-tions which include a big car to win etc.

I want to know where does it publish all the winners’ names? I always take part but have no idea if those cars are drawn. Last year someone told me that the car promotion which was supposed to be drawn will now be again put up as a prize for another simultane-ous promotion so expect to win then. How come if that car is for one promotion then it can go in another promo as a prize?

What I gained may be untrue but please this time be vigilant and have a watch and see game.

There are other people who had asked me if this car is going to be drawn or going again in another draw. I had no idea how MH pro-motions are done. Please check to see those whose names were drawn, were given the prizes.

Nilam Kumar, Suva

Council’s ResponseThe Council wishes to advise that the winners’ names should be publicly announced. This is the expected practice and those business

houses organising such promotions should be mindful of this golden rule. One has to be transparent about the manner in which the promotions are conducted. However, if you believe that there is some discrepancy then the matter should be brought to the Coun-cil’s attention. The Council does keep a watch on all promotions going on and occasion-ally when in doubt, we ask for list of winners’ details. In some cases where large amounts of cash are won, the winners’ names are dis-closed publicly but not the full details, to pro-tect the winner.

New pricesThe prices of cigarettes and alcohol went up the day after the 2014 budget was announced. I thought it was supposed to increase from January 1, 2014. Can the Consumer Council please clarify when the new prices should ap-ply?

Wise Muavono, Lautoka

Council’s Response We refer to Wise Muavono’s letter (FT 16/11/13) on the application of “New Prices” on tobacco and alcohol after the budget announcement.

According to [Fiji Revenue & Customs Author-ity] Public Circular No. 14 of 2013, the price in-creases on cigarettes and alcohol comes into effect when the new rate of duty is paid to goods arriving for the first time in Fiji by ship or aircraft, after midnight, Thursday 7th No-vember, 2013.

The mentioned time and date also applies to goods relating to changes to the Excise Act.

The new duty rates also apply to goods re-moved for home consumption from Ware-houses, Inland Freight Stations (IFS) {un-cleared cargo}, Cargo Freight Station (CFS) Tax Free Factories / Tax Free Zones, Duty Sus-pension Scheme firms, Excise factories and all uncleared cargo after midnight, Thursday 7th November, 2013.

Therefore, new prices for cigarettes and alco-hol come into effect when there is a delivery of new stock after the budget announcement.

Retailers must uphold business ethics and fair trade practice and do the right thing and not hoodwink the consumers by increasing the price of old stock where duty was already paid before the budget announcement.



Itisoftenthepoorestsegmentofsocietythatsuffersfromthemostbasicviolationsofconsumerrights,simplybecausetheyare not aware of what their rights are.

In an effort to counter these violations of consumers’ rights theCouncilhas implementedaproactiveand insistentout-reachandeducationprogrammeforconsumers–usingmo-bile units and school, urban, rural, squatter and remote com-munity visits.

The Council was able to reach out to consumers in Navua,Korovou,Tailevu,Naseuvou,Wainimakutua,Sawani,Nausori,

Labasa,Savusavu,Lautoka,Ba,RakirakiandotherpartsofFiji.

TheCouncil alwaysemphasises that topreventharm in thefirstplaceisbetterforconsumersthantotrytoinstituteen-forcement action afterwards. The Council believes that a consumerwithknowledgeofhisorherrightsstandsabetterchanceofresolvingproblemsandissueswithtradersandser-viceprovidersinthemarketplace.

Educationandinformationhelpconsumersinmakingrationalchoicesandofferthemosteffectiveprotectionoftheirrightsandinterestsfromtradeandbusinessexploitation.

Consumer Awareness is important

Council Activities to Create Awareness

Kelemedi VecenayavaKorovou

It is such a big assistance for us in rural areas, espe-cially with education being made free for our children. We should be thankful and I

believe we are heading for a better future.

Mohammed SahimLodoni

Everything is good but the price of goods is too high. A proper monitoring system needs to be carried out to watch the prices of goods and services, especially in the rural areas.

Ana RosaucokocokoMatacaucau

It is good especially for Education being made free. Good for the children.

Aaron Mahesh PrasadSerua

The budget was okay in the sense that assistance is given for education but the cost of living is too high. The rise in food prices

should be balanced with an increase in wages for all. Even though the civil servants have got a pay rise, those that are working in the private sector should also be considered, since most people who are in the private sector are earn-ing less than what civil servants are earning. The rise in the cost of living should be accom-panied by a rise in wages for everybody.

Sarafina MaramaNavunisole

It is good. The education assistance for students is a big assistance especially for us living in rural areas.

BarkhaSuva

It’s good especially with the announcement of free edu-cation. I am hoping for the grocery prices to go down also. Workers in the private sector also need a payrise.

Judy Narayan Samabula

I am happy for the provision of school fees to be paid by the government. But it will also be good if the prices of groceries can be reduced

and wages for us working in the private sector be increased also. Wages need to be adjusted according to the rise in the prices of goods and services.

Ashnil Rakiraki

Its good especially with the school fees being paid by the government and the pay rise for civil servants.

Mona9 miles

It is good especially with the removal of duties on some imported items, which can result in prices to go down for those items, but private company workers need to have a pay rise also.

Q: What are your views on the 2014 Budget?


19CONSUMER WATCH JUNE 2013G

lobal Consumer Issues

Fisher &Paykel Appliances faces legal action in AustraliaAustralia’s consumer watchdog has filed legal proceedings against Fisher &Paykel(F&P) Ap-pliances and another company over allegedly misleading statements about extended war-ranties on products.

The Australian Competition and Consumer Commission (ACCC) said the New Zealand white ware maker and Domestic & General, a warranty services firm, had sent letters to customers containing misleading statements about consumers’ statutory rights, including that they would not be protected against re-pair costs after the expiry of a manufacturer’s warranty unless an extended warranty had been purchased.

Rod Sims, the ACCC chairman, said that under the Australian Consumer Law (ACL) shoppers may have a right to a repair, replacement or refund beyond the time period covered by the manufacturer’s warranty. He further said, “While some extended warranties may offer protection over and above that provided by the ACL, they do not replace the underlying consumer guarantees.”

Source:http://www.nzherald.co.nz/business/

news/article.cfm?c_id=3&objectid=11155894

First e-billing Consumer Protection Regulation in IrelandIreland has a fierce consumer protection ap-proach led by Commission for Communica-tions Regulation (ComReg) against providers charging their clients for paper bills.

Until recently, there was some divergence in Ireland between service providers who pro-vide consumers with paper bills and those who have migrated their customers onto elec-tronic bills (e-bills or online bills). This led to different levels of consumer protection.

However, ComReg introduced new conditions to all providers offering pre-paid and/or post-paid services. These conditions are:

• Bills for post-paid customersmustbepro-vided free of charge.

This applies in respect of a fully itemised bill or a non-itemised bill, in line with the customer’s preference.

• Pre-paidcustomersmustbeabletorequirea transaction history (including usage and charges) free of charge.

• Thepost-paidcustomer’sexplicitconsentisrequired to change the level of bill itemisa-tion. However, calls that are normally free of charge should not be identified or itemized for either post-paid or pre-paid customers.

• A customer who is asked to switch frompaper bills to e-bills is given a one-month advance notice and is allowed to withdraw

from his/her contract free of charge if he/she does not wish to be moved to e-billing.

• Serviceproviderscurrentlyprovidingpaperbills may migrate customers to alternative billing mediums (e.g. e-bills) provided that they can ensure and verify the customer can access the alternative medium.

• When using online bills, an alert must besent to notify the customer that a bill is available; the alert should be sent during appropriate hours.

• Consumers who do not want to receivealerts must be able to opt out.

• Thechangesapplypurelyinrespectofbillsfor “consumers”, meaning business custom-ers are not affected.

http://eeiplatform.com/12769/finally-the-first-ebilling-consumer-protection-regulation-is-a-fact/

How security-smart are you about your smartphone?Don’t lock your caution in the drawer because your device is clever!

Are you floating on a cloud – a mobile phone, smartphone or tablet user?Then don’t let your head be lost in the clouds. Welcome to the heady world of cybercrime-ville!

Are you aware that if your smartphone is lost or stolen, someone could hack into your so-cial media or email account and pretend to be you?

Do you know that if your phone is infected with a virus, texts may be sent without your knowledge, and you will later have to pay for them?

Do you store sensitive files online?

Do you delete suspicious emails from people you don’t know?

Do you log out after each session on your so-cial network website?

New research published in the 2013 Norton Internet Security report has revealed that a quarter of smartphone users have experi-enced mobile cybercrime in the last year.

Use of mobile phone and tablet devices is in-creasing by leaps and bounds but consumers are failing to protect themselves. In fact, ac-cording to the report, cybercriminals are mov-ing towards mobile and tablet devices be-cause consumers are less security conscious.

The report shows that only 35% of mobile phone users avoid storing sensitive files on-line, compared to 79% of PC users. In addi-tion, less than half of mobile phone users de-lete suspicious emails from people they don’t know, compared to 90% of PC users.

The importance of protecting yourself on so-cial media websites is also highlighted in the report: almost half of social network users do not log out after each session, and surprise surprise! 9% of social media users saying someone has hacked into their social network accounts.

Consumers are reminded that their mobile phone is just as susceptible to scams as their computers are. It is vital to save sensitive trans-actions for secure connections, and for good-ness’ sake be cautious of what you secure on the Cloud (Internet).

If you are as smart as your smartphone, you will also check your bank accounts regularly for fraudulent transactions.

http://www.which.co.uk/news/2013/10/mo-biles-are-fastest-growing-target-for-cyber-crime--337022.

Mexico fights obesity with junk food tax planMexico, in its strenuous effort to combat the rising tide of non-communicable diseases (NCDs), has passed a tax on junk food – by the bold step of increasing the proposed levy on fatty foods.

The initial proposal of a 5% tax on fatty foods was increased to 8%, so desperate do the ‘NCD Battlers’ feel about the struggle against the country’s obesity epidemic. A tax of one peso (F$0.14) per litre is also to be levied on soft and sugary drinks.

According to the United Nations Food and Ag-riculture Organization (FAO), 32% of Mexican adults are obese, giving the country the dubi-ous distinction of being ahead of the United States.

Figures also show that more than 5 million children in Mexico are obese and 9.2% of them have diabetes.

Politicians – and many researchers – believe that these NCD health problems are affecting the country’s economic performance.

Restrictions on advertising directed to chil-dren, better labelling and moves to boost physical exercise are also being carried out to assist in curbing this problem.

Source: http://www.consumersinternational.org/news-and-media/news/2013/11/mexico_junk_food/#.UoPWRSd-Qwo



ConsumerWatchisthenewsletterproducedbytheConsumerCouncilofFijitocreateawarenessandtoinformthepubliconcurrentconsumerissues.

Suva Office (HQ) Ming Building, 4 Carnavon Street

Private Mail Bag, Suva

T: (679) 330 0792, (679) 331 0183, (679) 330 5864

F: (679) 330 0115 E: [email protected]

W: www.consumersfiji.org

Cont

act: Lautoka Office

Suite 4, Popular Building, Vidilo Street

P.O.Box 5396, Lautoka

T: (679) 666 4987

F: (679) 665 2846

M: (679) 926 2807

E: [email protected]

Labasa Office Level 1, Lot 41 Raza Properties Limited, Nasekula Rd P.O.Box 64, Labasa

T: (679) 881 2559

F: (679) 881 2559

M: (679) 973 6799

E: [email protected]

Education Facts For New School YearHistoric Step! Investing in a Better Future2014 Fijian Government Education Grant FactsheetPRIME Minister Commodore Voreqe Bainima-rama –presenting the 2014 National Budget –announced “for the first time in our nation’s history that the Government will provide truly free primary and secondary school education toall Fijian children.

What will this mean for your school-aged chil-dren? Here is a Q&A fact sheet addressing the concerns of parents regarding the Free Educa-tion Grant for 2014.

Q: Are all textbooks free?A: Yes, all textbooks are provided free to stu-dents. However, the ministry cannot provide one textbook per student, because of financial constraints, so students will have to share the textbooks in schools. Those parents who can afford to buy their children textbooks may continue to do so.

Q: What educational items do parents have to pay for?A: Parents are responsible for the full cost of uniforms, lunches, and school materials like exercise books and all other stationery, shoes and bags for their children.

Parents must also bear the expenses for all other extra-curricular activities such as Scouts, Girl Guides, Cadets, excursions and swimming classes.

Q: What if the school requests any other fees?A: No primary or secondary school–except for private schools–should ask any parent for school fees.Parents are not obligated to pay for any fees requested by schools.

Q: Are bus fares free?A: Yes, the subsidised bus fare scheme for stu-dents will continue next year under the same arrangement as in 2013.

Parents who earn more than $15,000 in sal-ary will still pay the full fare for their children. Those students who qualify for transport assis-

tance will be assisted for up to three stages (as per the classification by the Land Transport As-sistance). Parents will be responsible for meet-ing the cost of any further stages. The maxi-mum fare paid for any child will be 80 cents one way, up to Stage 3.

Q: Is there any assistance for the under privileged?A: Yes, there are other ways to assist parents who cannot afford school uniforms, lunch etc.but this must be brought to the attention of the Ministry of Education, the Ministry of So-cial Welfare, provincial or advisory councilors and various NGOs.

Q: Can schools still fundraise?A: Given the enormous government invest-ment in education, if a school wants to fun-draise it must first seek the approval of the Ministry of Education, and even if approval is given, no family is obliged to contribute.

Q: What are the exact provisions for secondary schools?A: Government will provide $31.5million for tuition fees in 2014. Forms 3 and 4 will attract a tuition payment of $440 per student, Forms 5 and 6 will attract a payment of $485 per student and Form 7 will attract a payment of $610 per student.

Q: Will the Government grant cover the cost of boarding fees?A: The boarding fees remain the same.For ex-ample, if you paid $300 per year in 2013 you will continue to pay $300 in 2014. However, to help the boarding facilities provide better food and accommodation the government will give a further grant directly to the board-ing facility as follows:

- $30 per child per year for secondary.

- $90 per child per year for primary.

Please note that these funds will go directly to the boarding facility.

-In special circumstances there is also remis-sion of fees for secondary boarders, with a ceil-ing of $50 per student per year. Where parents of students earn below $6,500, they will have to apply for this assistance. For further details

on this grant please call one of the numbers listed below.

Q:What about enrolment fees for new students. Do parents have to pay for that?A: All schools have been advised that from 2014, there should be no enrolment fees and any such fees that parents have already paid for 2014 must be refunded. The Ministry of Education will monitor this.

Q: What should I doif my child is not accepted by the school for not having paid the previous year’s school fees oranyother outstandingfees? A: Parents/guardians must clear all previous debts; however, all schools have been advised that there is free education in 2014. Every child has the right to education and no fees will be charged to or paid by parents. All children must be accepted at schools. There will be zero tolerance for violation of these provisions.

Any school management or school head who does not adhere to them will face the conse-quence under the Education Act.

Q: Does this assistance apply to pre-school or kindergarten students?A: Not yet. But plans are underway to extend free tuition to pre-schools and kindergartens outside the private system in 2015. A needs-based assessment evaluation of all kindergar-tens in Fiji will be conducted over the coming months.

For further enquires and information, please contact the Ministry of Education.


Volume 29 | Issue 2 PROTECTING THE RIGHTS AND INTERESTS … News Dec 2013 opt 05A.pdf · from our personal budgets. Consumers must remain vigilant when spending their hard-earned

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